GOVT. OF NCT OF DELHI THR SECRETARY LAND AND BUILDING DEPARTMENT, NEW DELHI AND ANR Vs. HARKISHAN AND ORS
EmailAppeal: CIVIL APPEAL No.8720 OF 2016
Petitioner: GOVT. OF NCT OF DELHI THR SECRETARY LAND AND BUILDING DEPARTMENT, NEW DELHI AND ANR
Respondent: HARKISHAN AND ORS.
Judges: KURIAN JOSEPH, C. NAGAPPAN
Date of Judgment: Aug 31, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.8720 OF 2016 (Arising out of S.L.P. (Civil) No.17318 of 2016)
GOVT. OF NCT OF DELHI THR SECRETARY LAND AND BUILDING DEPARTMENT, NEW DELHI AND ANR. APPELLANT(S)
VERSUS
HARKISHAN AND ORS. RESPONDENT(S)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The issue, in principle, is covered against the appellant by judgment in Civil Appeal No.8477 of 2016 arising out of Special Leave Petition (Civil) No.8467 of 2015.
3. This appeal is, accordingly, dismissed.
4. In the peculiar facts and circumstances of this case, the appellant is given a period of one year to exercise its liberty granted under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for initiation of the acquisition proceedings afresh.
5. We make it clear that in case no fresh acquisition proceedings are initiated within the said period of one year from today by issuing a Notification under Section 11 of the Act, the appellant, if in possession, shall return the physical possession of the land to the original land owner.
6. Pending applications, if any, stand disposed of.
……………J. [KURIAN JOSEPH]
……………J. [C. NAGAPPAN]
New Delhi, August 31, 2016
CIVIL APPEAL No.8720 OF 2016 (Arising out of S.L.P. (Civil) No.17318 of 2016)
GOVT. OF NCT OF DELHI THR SECRETARY LAND AND BUILDING DEPARTMENT, NEW DELHI AND ANR. APPELLANT(S)
VERSUS
HARKISHAN AND ORS. RESPONDENT(S)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The issue, in principle, is covered against the appellant by judgment in Civil Appeal No.8477 of 2016 arising out of Special Leave Petition (Civil) No.8467 of 2015.
3. This appeal is, accordingly, dismissed.
4. In the peculiar facts and circumstances of this case, the appellant is given a period of one year to exercise its liberty granted under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for initiation of the acquisition proceedings afresh.
5. We make it clear that in case no fresh acquisition proceedings are initiated within the said period of one year from today by issuing a Notification under Section 11 of the Act, the appellant, if in possession, shall return the physical possession of the land to the original land owner.
6. Pending applications, if any, stand disposed of.
……………J. [KURIAN JOSEPH]
……………J. [C. NAGAPPAN]
New Delhi, August 31, 2016
